The preliminary draft ensures the rights of sexual and gender minorities

July 1, 2015 /
Pahichan Reporter

Kathmandu (Pahichan) July 1 -For the first time in Nepal’s constitutional history, new constitution shall have a provision which allows sexual and gender minorities to receive citizenship on the basis of their gender identity. The Preliminary draft of constitution presented at CA for the deliberations has provisions that citizenship would be granted as per gender identity. Similarly, first time the rights of LGBTI have been mentioned in the constitution.

As there are not disputes among parties about this position, the CA is unanimously like to endorse the document. After historic Supreme Court order, homosexuals and transgender have begun to receive citizenship under O (other) category. Earlier, there was just male and female category. The Blue Diamond Society has lodged a file at Supreme Court.

The in fundamental right section of preliminary draft it is stated that there will not be discrimination on the basis of gender orientation. Similarly, it has been stated that country could make special arrangements for protection, empowerment of socially and culturally marginalized sexual and gender minorities. Similarly, it is stated that there will be inclusive and proportional representation of this community.

However, it has not been mentioned that there will be participation of gender and sexual minorities in the National Inclusive Commission which will be formed after constitution promulgation. The provision of LGBTI has been mentioned as per the recommendation made by Fundamental Rights and State Directive Committee of dissolved parliament. In the dissolved Parliament, Sunil Babu Pant was in CA representing the LGBTI community. The role played by Pant is vital one to incorporate the rights of sexual and gender minorities in new constitution.